Will of Benjamin Stacey

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This post shows the Will exactly as it was written with no attempt to break it down into paragraphs. Done in this way it shows exactly how the original document is written. As the documents are sometimes very large each line of writing in the document sometimes takes up two lines when it is transcribed in to the web site.

The last part of this will shows a summary of the Names, Places, Properties and Vessels mentioned in the will.

Will Stacey Benjamin   Wivenhoe

Sealed the 24th May 1828

Under 2000£

Reg.

Will of Benjamin Stacey

1   This is the last will and Testament of me

Benjamin Stacey of Wivenhoe in the County of Essex Shipowner

which I make in manner following First I commend my soul to

Almighty God my creater hoping for the pardon of my sins through

5  the merits of Jesus Christ my Reedemer and my Body I desire may

be interred in a good oaken Coffin by the side of my late dear Wife

Sarah Stacey in my family Vault in the Church yard of the Parish

of Wivenhoe in case I should happen to die at Wivenhoe or within

a reasonable distance thereof And I give and devise unto my dear

10  daughter Mary Brooke the wife of Matthew Brooke of Wivenhoe

aforesaid Victullar All that new built Brick Warehouse situate

near the shore at Brightlingsea in the said county known by the

name of the Admiralty Warehouse with the ground or soil on which the

same stands To hold the same premises unto my said daughter Mary

15   Brooke her heirs and assigns for ever – Also I give and bequeath unto

my said daughter Mary Brooke All that my Smack or vessel called

he “New Union” with all and every the sails Boats stores nets

tackle and appurtenances to the same belonging to and for her

own use and benefit absolutely And I give and devise unto my dear

20   daughter Catherine Chamberlain the wife of John Green

Chamberlainof Wivenhoe aforesaid Coal Metre and late Catherine

Stammers Widow All that my Copyhold Messuages or Tenements

Wherein I now reside and which was sometime since erected by me on the

Site of part of the premises which I purchased of Mr Simons situate

25   Next the Quay in Wivenhoe aforesaid and such part of the quay as lies

Opposite thereto with the outhouses yards ways and appurtenances

To the same belonging Together with a moiety of the well and pump

There and the use of the way and passage at the back of the said premises

From the lane to the Pump and Outbuildings as now enjoyed by me

30   Subject to one half the Expence of keeping in repair the same well

And pump To hold the same unto my said daughter Catherine

Chamberlain and her assigns for and during the term of her natural

Life And from and immediately after her decease I give and devise

The said premises unto the said John Green Chamberlain and his

35   Assigns for and during the term of his natural life and from and after

The decease  of the survivor of them the said John Green Chamberlain and

Catherine his wife I give and devise the said last mentioned premises

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unto and equally to be divided between all the children ( if more than one) of my said

Daughter Catherine living at her decease and the issue of any deceased Child or Children

40   if any and to their respective heirs and assigns for ever as tenants in common and not

as joint tenants such issue of any deceased Child or Children however taking

respectively only the part or share which their deceased parent or parents would if living

have been entitled to And in case his or her heirs and assigns for ever But in case

my said daughter Catherine shall depart this life without issue of her body lawfully

45   begotten living at her decease Then from and after the decease of the Survivor of them

the said John Green Chamberlain and Catherine his wife I authorize direct and

empower my said Son in law Matthew Brooke and my friend William Fisher of

Hornsey near London in the County of Middlesex or the survivor of them his executors

or Administrators absolutely to sell and dispose of all and singular the said last

50   mentioned Messuage or Tenement and premises devised to my said Daughter

Catherine as aforesaid either by Public Auction or private Contract as they or he

shall think proper but for the most money and best price that at the time of such

sale can reasonably be obtained and to Bargain and Sell the same to the

purchaser or purchasers thereof or otherwise as such purchaser or purchasers shall

55   direct And the monies to arise by such sale or sales after paying and defraying all

the costs charges and expences incident to or attending such sale I give and bequeath

unto and equally to be devided between all and every the children of my son Benjamin Stacey

and my daughter Mary Brooke who shall be living at the decease of my said Daughter

Catherine Chamberlain without issue as aforesaid and to the issue then living of any

60   deceased Child or Children of my said Son Benjamin and Daughter Mary part and

share alike such Issue however taking only the part or share which their parent or

parents if living would have been entitled to And Further I give and bequeath unto

my said daughter Catherine Chamberlain All that my Smack or Vessel called the

“Preston” with all and every the Sails Stores Boats Netts tackle and appurtenances

65   to the same belonging or appertaining And as great part of the Furniture and effect

in my dwelling house was the property of my said Daughter Catherine as part of the

effects of her late husband Henry Stammers deceased I hereby give and bequeath unto

her my said Daughter Catherine all such parts of the Household Furniture Linen

Brewing Utensils And other articles of Household in or about my dwelling house

70   as belong to me Except my Glass China and plate hereinafter disposed of to

and for her own use and benefit And to prevent dispute as to what Articles of

Glass are my property I hereby declare that the following Articles of the best Glass in

my said Dwelling house are already the sole property of my said Daughter

Catherine Chamberlain (namely) five dozen and odd Wine Glasses One dozen of

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75   Tumblers one dozen of rummers one large glass mug and two smaller ones Seven

Quart Decanters Three pint ditto One sugar bason and salts Three sets of Liquor

bottles and sundry odd glasses Also I give unto my said Daughter Catherine my

Gold Watch and Chain which formerly belonged to her late brother John for her

own use and benefit And I give and devise unto my Grandson Daniel

80   Stacey Brooke the son of my said Daughter Mary Brooke All that my Copyhold Cottage

or Tenement with the appurtenances situate in Wivenhoe aforesaid in the Lane or

thouroughfare leading from the Quay towards the Church now and for sometime past in

the occupation of Thomas Walford his Undertenants or Assigns and which was Erected

by me on part of the premises which I sometime since purchased of the Widow

85   Simons Together also with a moiety of the well and pump and subject also at all times

for ever to the proprietor for the time being of the Dwelling house in which I now

reside having and using a way and passage as now enjoyed by me to and from the

said pump and back of the same dwelling house To hold the said premises so

subject as aforesaid unto my Grandson Daniel Stacey Brooke his heirs and assigns

90   for ever And I do hereby authorize empower and direct my executor hereinafter

named as soon as conveniently may be after my decease to make sale and

absolutely dispose by public auction or private contract and together or in Lots as he

shall think fit of All those my two fields with the barn standing thereon situate

in the said parish of Wivenhoe next the road leading from Wivenhoe Cross to Saint

95   Osyth as the same are now in the occupation of one Pratt his Undertenants or assigns

and which premises formerly belonging to one Durrell And also of All that

new Built Brick Warehouse and Stable under the same sometime since erected by

me on the site of part of the premises which I purchased of Mrs Simons situate on

the Quay in Wivenhoe aforesaid adjoining to the dwelling house in which I now

100   reside and the ground and soil on which the same Warehouse and Stable stand

and such part of the Quay as lies opposite thereto my said executor first shutting

up the entrance made and opened by me for the convenience of my Dwelling house

at the back of the said Warehouse and leading therefrom to the Lane it being my

wish that from the time of my decease the same should be discontinued and no

105   longer enjoyed by the proprieter for the time being of the said Warehouse the access

to the said Warehouse from the Quay being adequate for every purpose And I

also direct my executor to make sale and absolutely dispose of my Smack or Vessel

called the “Fox” with all and every her Sails Boats Stores tackle and appurtenances

And the monies to arise and be produced from the Sale of my said two fields and

110   the Warehouse Stables Vessel and property hereinbefore lastly directed to be sold

and the Rents and profits thereof until Sale (after payment of the costs and expences incident to and attending such Sales) I give and bequeath unto and among

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the children of my son Benjamin Stacey in the shares and proportions following

that is to say unto my Grand daughter Sarah Alice Stacey  (one of the children of my

said son Benjamin Stacey) I give and bequeath one full equal third part of the same

115   monies to and for her own use and the remaining two thirds thereof I give

and bequeath unto Frances Susanna, Elizabeth Mary, Benjamin and Mary

the  four other children of my said son Benjamin Stacey equally to be divided

between them part and share alike and the same monies I will and direct shall

be paid to my said Grand children as and when they severally attain the age

120   of twenty one years And in the mean time and until they attain that age

my will is that the same monies be laid out and invested in the names of the said

John Green Chamberlain and the said William Fisher in the public

Stocks or funds or on good real security at Interest Upon trust to pay and

apply the Interest or Dividends of the expectant share or shares of my said Grand

125   children or so much of the same as the said John Green Chamberlain and

William Fisher or the Survivor shall in their discretion think fit for or

towards the maintenance education and bringing up my said Grand

children but the same shall be applied in such manner and form and at

such time or times  as they the said John Green Chamberlain and William Fisher

130   may think proper And further it shall and may be lawfull and

I do hereby authorize and empower the said John Green Chamberlain and

William Fisher or the survivor of them his executors or administrators

in like manner at their discretion if thought advisable to advance or pay any part or

parts of the principal of the shares of my said Grand children respectively for the

135   putting them out apprentice or otherwise for their advancement or preferment in the

world And for facilitating the sale and Sales by this my will directed to be made

I do hereby direct that the receipt or receipts of the person or persons for the time being

directed or authorized under this my will to make such sale or sales shall at

all times be a good and sufficient discharge or good and sufficient discharged to

140   the purchaser or purchasers for his her or their purchase money and such

purchaser or purchasers shall not after taking such receipt be answerable

or accountable for the application of the said purchase money or for the

misapplication or nonapplication thereof or any part thereof And I give

and bequeath unto my Grandson Benjamin Brooke another of the sons of

145   my said Daughter Mary Brooke the Writing Desk that was my son John’s

to be delivered to my said Grandson within one month after my decease and

to my niece Elizabeth Sarah Stacey I give the sum of Twenty pounds for

mourning to be paid to her as soon after my decease as conveniently may be

And to my son Benjamin Stacey I give all my Clothes wearing Linen

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150   and  apparel of every sort and kind to and for his own use And as to all the rest

residue and remainder of my vessels money in hand or in the hands of Bankers

debts due and owing to me Securities for money my Glass China  and plate and all

other my Estate and effects whatsoever and wheresoever not hereinbefore disposed of

subject to and after payment of my just debts and my funeral and testamentary

155   expences I give and bequeath the same as follows that is to say I give and bequeath one

equal third part or share thereof unto my said Daughter Mary Brooke one other third

part and share thereof unto my said Daughter Catherine Chamberlain and the

remaining third part share thereof I direct shall be divided between the children of

my said Son Benjamin Stacey in the same shares and proportions payable at the

160   same time to be invested in like manner and under and subject to the same powers

and authorities as is directed concerning the monies hereinbefore bequeathed to them

And as it is not improbable that I may in my lifetime sell and dispose of some

one or more of my vessels or other property hereinbefore specifically bequeathed my

Will and meaning is that in the event of my so doing the party or parties for whom

165   any such vessel or other property was by this my will intended shall in lieu thereof

respectively have and receive out of my effects the amount of the proceeds arising from

any such Sale or Sales And the better to ascertain such amount my intention is

in case of any such Sale or Sales to State on the back of this my will the sum and

sums at which the same property shall have been sold And lastly I nominate

170   and appoint my said Son in law John Green Chamberlain sole executor of this

my last will and Testament and revoke all other Wills and testamentary

dispositions by me  at any time heretobefore made In Witness whereof I the said

Benjamin Stacey have to this my last will and testament contained in five sheets of

paper set my hand to the first four sheet my hand and seal to this fifth and last

175   sheet and my seal to the label by which they are affixed this twenty first

day of March in the year of our Lord one thousand eight hundred

and twenty seven

Signed sealed published and declared   

By the said Benjamin Stacey the testator as and

180  For his last Will and Testament in our presence

Who in his presence of each other have hereunto subscribed

Our names as Witnesses

Maria Wittey

Hannah Cook

185  Saml Wittey

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Whereas since the date and execution of my within written Will my Grandaughter

Elizabeth Mary Stacey the Daughter of my son Benjamin Stacey  hath departed this life

and therefore I give and bequeath unto her Sister Sarah Alice Stacey to and for her own use

and benefit The part share and Proportion which the said Elizabeth Mary Stacey in

190   case she had survived me would have become entitled to under and by virtue of my said

Will of and in as well the Monies to arise and be produced from the sale of my copyhold fields

Warehouse stable and sloop within directed to be sold for the benefit of the Children of my

said Son also of and in my residuary estate and effects and I give the same to the said

Sarah Alice Stacey  over and above the several bequests to her made by my said Will and

195   I desire the same to be paid and applied in the same  manner at the same time and

under and subject in all respects to the same powers directions and authority as are expressed

and given concerning the bequest in favor of the said Sarah Alice Stacey contained in my said

will And in all other respects I ratify and confirm my said Will to which I declare this to

to be a Codicil In Witness whereof I have hereunto set my hand and seal the Seventh

200   day of November one thousand eight hundred and twenty seven

Signed sealed and published by Benjamin Stacey the

Testator within named as and for a codicil to his Will in

our presence while in his presence at his request and in the

presence of each other have hereunto set our names

205   as witnesses

Saml Wittey

Saml Wittey Jun

Whereas since the execution of my before written Will I have sold to my Son

In Law John Green Chamberlain and Mr James Underwood Argent my brick

210   Warehouses called the Admiralty Warehouse situate at Brightlingsea for the

sum of two hundred and ten pounds and as I had by my said will given

the said Warehouse to my Daughter Mary Brooke I do now by this Codicil which

I direct may be taken as part of my said will revoke the devise to her of the said

Warehouse and do give unto her my said Daughter Mary in lieu thereof the sum

215   of two hundred and ten pounds the purchase money aforesaid to be paid to

her at the end of six calendar months next after my decease And I ratify

and confirm my aforesaid will except so far as the same is altered by

this or any other Codicil     In Witness whereof I Benjamin Stacey the

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Testator within named have hereunto set my hand and seal the sixth

210   day of December one thousand eight hundred and twenty

seven

Signed sealed and Published by the

said Benjamin Stacey as a Codicil

to his will in our presence

215   Thomas Sanford

Sam Wittey

On the twenty first day of April 1828

John Green Chamberlain of Wivenhoe in

the County of Essex Coal Meter the Sole Executor

220   within named was Sworn to the truth of

the written Will and to the true performance

thereof And that to the best of his knowledge

and belief the amount of the value of the

Goods Chattels and Credits of the deceased

225  Is under the Sum of Two Thousand pounds

Before  me

John Dakins           Surragate

The deceased died the sixteenth

day of March 1828 in the

parish of Wivenhoe aforesaid

Proved on the 29^th Day of May in the year of our Lord

1828 before  the Rev John Dakin

the Oath of John Green Chamberlain the sole

Executor to whom Adm was granted he being

first sworn duly to Adm

Name              Place               Status/Relationship               Line

Mary Brooke                            Daughter                                 10, 14, 16, 58, 60, 80, 145, 212

Matthew Brooke                     Son in Law                               10, 47

Catherine Chamberlain          Daughter                                 20, 32, 39, 44, 51, 59, 63, 66,68,

(formerly Catherine Stammers)                                              74, 77, 157

John Green Chamberlain       Son in Law                               20,36,46, 122, 125, 131,170, 209

Mr Simons                                Property Seller                        24

William Fisher                           Friend                                      47, 122, 126, 132

Benjamin Stacey                       Son                                          57, 60, 112, 116, 146, 159

Henry Stammers                       Late Son in Law                    67

Daniel Stacey Brooke               Grandson                              79, 89

Thomas Walford                       Tenant                                    83

Widow Simons                          Property Seller                      85

Pratt                                            Tenant                                    95

Durrell                                        Tenant                                     96

Sarah Alice Stacey                    Granddaughter                     113, 158, 188,194, 197

Frances Susanna Stacey         Grandaughter                        116, 158

Elizabeth Mary Stacey             Grandaughter                        116, 158, 187, 189

Benjamin Stacey                      Grandson                                116, 158

Mary Stacey                              Grandaughter                        116, 158

Benjamin Brooke                     Grandson                               144

Elizabeth Sarah Stacey            Niece                                       147

Maria Wittey                             Witness                                    183

Hannah Cook                            Witness                                   184

Saml Wittey                               Witness                                   185, 206

Saml Wittey Jun                        Witness                                    207

James Underwood Argent      Property Purchaser                209

Thomas Sanford                       Witness                                    215

Properties                   Place                                                   Line

Brick Warehouse        Brightlinsea                                        11, 210

Messuage                   Wivenhoe                                           22

Messauge                   Wivenhoe                                           81

Fields and Barn           Wivenhoe                                           93

Brick Warehouse        Wivenhoe                                           97

and Stables

Vessels

New Union                                                                              17

Preston                                                                                   64

Fox                                                                                          108